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Judge suspends temp restraining order in Siskiyou country


Oakview2

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I have read several posts on various forums that thank Dave McCracken for the dredging

situation ln CA. Can someone explain how that happened?

Edited by SLNugget
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EZ-to do,just claim 80+ miles of any river system,bring in the EPA by chucking mercury helter skelter,desecrate indian ceremonies and burial sites,steal miners claims,trash,rob,rape and pilage with abandon--and those are the good things done.-John GOOGLE-Northcoast Journal August 30 1997 Between a rock and a hard place-link defies me sorry. Been going on for over 25 years of horrendous PR. BAD PR and stupidity is a deadly concoction as it doesn't matter what ya do once perception is ruined your hobby is dead....RIP-

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Park Forest is in Illinois near Chicago. This "news flash" is virtually 100% enviro propaganda, i.e., an op ed. Judge Ochoa has been appointed by the California Judicial Council to oversee all litigation related to suction dredging. It is not unusual procedurally in such a situation for a potential conflict between judicial entities to be consolidated -- in this case in San Bernardino County. This coming Tuesday Judge Ochoa will hear final arguments in regard to the motion for summary judgment. Quite possibly he also will rule from the bench. He may or may not issue an injunction of his own. If he does, it will apply to all counties in California. It may be in favor of the dredging community or against -- we will not know until he rules. But THAT is the ruling that will be final at the superior court level, not the above referenced "news flash" procedural step Judge Ochoa has taken to consolidate these matters as he has been appointed to do.

Bottom line: Hope springs eternal. Gnash your teeth now, vent your frustrations, point fingers -- none of it will affect the outcome. It ain't over 'til it's over. One thing is for certain: if PLP and the New 49ers' hard legal efforts manage to pull this off, it will be a happy day indeed for all of us. Think positive!!!!

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For clarification, a new hearing date has been scheduled for August 27th in Rancho Cucamonga (as opposed to July 23rd) regarding the Motion For Summary Judgment.

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I thought the next hearing was for injunctive relief,until the court could properly hear and rule on the case. Should by chance we win, and who knows, you will see the other side rushing for a judgement, much different that their approach the past four years. To me, these cases should have not been consolidated. The Siskiyou county case had more to do with the orginal definition and Dept of Fish and Shames illegall use of the office of OAL when they knew this did not meet the states legal criteria for a emergency. If this is what we face in court, we cannot and will not win. If Judge Ochoa tries the case on its merits, I think they will be handing out temp permits on the 28th... I am not a lawyer, jmho and trying to keep up with the multi pronged attacke for Fish and Shame, the Karuks, and the Center for Biodiversity and Sierra Fund, and all the little fishing minions that have jumped on board and thrown mining under the bus. They think they are safe, if CBD thinks we kill fish, wait till they go after the fishing groups, who poison the rivers with tons of lead and metal, whose 2 cycle motors spew oil and fumes into the rivers and lakes, and whose SOLE purpose is to kill as many fish as their licenses will allow....

Edited by Oakview2
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SALMON SEASON JUST OPENED AND MILLIONS WILL BE DEAD ASAP----and we're damned without a single dead salmon as evidence simply based upon the capacity to do harm. Well LL we all might fly too so does that mean we all need pilots licences???? F'M' all-John

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Sir;

Please refrain from presenting facts that are contrary to our agenda as they only complicate the issues. Please go back to your television for another session of brain deadening and indoctrination.

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Just a SHORT list of LAW the CA suction dredge ban clearly violates.

National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq. ;

Executive Orders: EO 12291 and EO 12866;

Multiple Use Sustained Yield Act ("MUSYA"), 16 U.S.C. § 528 et seq.;

Numerous Sections of the Code of Federal Regulations ("CFR"), as set forth in 36 CFR 212 et seq.; 36 CFR 215.1 et seq; 36 CFR 228 et seq.; 36 CFR 261 et seq.; 43 CFR 3800; and 43 CFR 3809.1 et seq., including without limitation 43 CFR 3809.3.

The Federal Lands Policy and Management Act ("FLPMA") 43 U.S.C. § 1701 et seq., including without limitation §§ 1732(b), 1761 and 1769;

PL No. 104-208, 110 Stat.3009 § 108 (Omnibus Consolidated Appropriations Act of 1997);

30 U.S.C. §§ 21-54 (Mining Act), including without limitation the Mining and Minerals Policy Act of 1970, 30 U.S.C. § 21(a);

16 U.S.C. § 481 (Use of Waters);

30 U.S.C. § 612, 613, 615 (Multiple Surface Use Act);

5 U.S.C. §§ 601, 602, 603(b) and © (Regulatory Flexibility Act As Amended By The Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. §§ 801-808) [sBREFA]);

The Endangered Species Act 16 U.S.C. § 1531;

California Civil Code § 3479 et seq.;

California Code of Civil Procedure § 731;

The 5th and 14th Amendments to the Constitution of the United States;

Article I § 8 (Commerce Clause) of the Constitution of the United States;

Article I § 7(a) of the Constitution of California;

Article I § 19 of the Constitution of California.

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